As part of an antitrust lawsuit related to App Store rankings, OpenAI has accused xAI of using ephemeral messaging apps to destroy evidence.
Back in August 2025, Elon Musk's xAI filed an arguably baseless lawsuit, alleging that OpenAI's partnership with Apple made it impossible for Grok to reach the number one spot in the App Store. This came two months after an anti-Apple tirade, where Musk criticized Apple for offering ChatGPT integration with iOS 18.
The legal battle is still ongoing, despite Apple's request that the lawsuit between xAI and OpenAI be dismissed. On Monday, OpenAI accused Musk's company of deliberately destroying and even withholding evidence relevant to the antitrust lawsuit.
As Bloomberg points out, xAI's employees allegedly used applications with built-in timers, where messages and attachments are deleted after a specific period. This is according to a new court filing made by OpenAI, which claims xAI used "message-destruction tools."
"Destroying evidence was the whole point," argues OpenAI, saying that xAI's move "leaves OpenAI and the other targets of Musk's litigation at an inequitable disadvantage."
xAI allegedly withheld evidence as well
OpenAI also claims that xAI has been withholding documents, saying that Musk's company has "not produced a single nonpublic document concerning the substance of their allegations or that OpenAI could use in its defense." Per OpenAI's filing, xAI has not produced any emails, text messages, Signal messages, or XChat messages.
Elon Musk claims that Apple's partnership with OpenAI leaves other AI companies and products like Grok at a disadvantage.
As a result, OpenAI is pursuing a court order to prevent xAI employees from using ephemeral messaging apps in the future. It's also proposing the appointment of a neutral forensic inspector to review the matter.
xAI, meanwhile, made two requests to the court as part of its lawsuit with OpenAI. First, xAI asked to see OpenAI's source code, and later requested that former OpenAI Head of Alignment Jan Leike be compelled to provide documentation for discovery.
Both requests were ultimately denied. The court concluded that "OpenAI's source code is not relevant to Plaintiffs' claims and is not within the scope of discovery." Similarly, the court found that "Mr. Leike and any documents he emailed or received do not appear to be relevant or proportional to the needs of the case."
Though the outcome of the lawsuit remains to be seen, it's unlikely that Musk's xAI will emerge victorious. Other AI applications have managed to secure the top spot in the App Store rankings, despite Apple's partnership with OpenAI.
